[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[House]
[Pages H7071-H7074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  TIMELY REVIEW OF INFRASTRUCTURE ACT

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1426) to amend the Department of Energy Organization Act to 
address insufficient compensation of employees and other personnel of 
the Federal Energy Regulatory Commission, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1426

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Timely Review of 
     Infrastructure Act''.

     SEC. 2. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND 
                   OTHER PERSONNEL OF THE FEDERAL ENERGY 
                   REGULATORY COMMISSION.

       (a) In General.--Section 401 of the Department of Energy 
     Organization Act (42 U.S.C. 7171) is amended by adding at the 
     end the following:
       ``(k) Addressing Insufficient Compensation of Employees and 
     Other Personnel of the Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, if the Chairman publicly certifies that compensation for 
     a category of employees or other personnel of the Commission 
     is insufficient to retain or attract employees and other 
     personnel to allow the Commission to carry out the functions 
     of the Commission in a timely, efficient, and effective 
     manner, the Chairman may fix the compensation for the 
     category of employees or other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, or any other civil service law.
       ``(2) Certification requirements.--A certification issued 
     under paragraph (1) shall--

[[Page H7072]]

       ``(A) apply with respect to a category of employees or 
     other personnel responsible for conducting work of a 
     scientific, technological, engineering, or mathematical 
     nature;
       ``(B) specify a maximum amount of reasonable compensation 
     for the category of employees or other personnel;
       ``(C) be valid for a 5-year period beginning on the date on 
     which the certification is issued;
       ``(D) be no broader than necessary to achieve the objective 
     of retaining or attracting employees and other personnel to 
     allow the Commission to carry out the functions of the 
     Commission in a timely, efficient, and effective manner; and
       ``(E) include an explanation for why the other approaches 
     available to the Chairman for retaining and attracting 
     employees and other personnel are inadequate.
       ``(3) Renewal.--
       ``(A) In general.--Not later than 90 days before the date 
     of expiration of a certification issued under paragraph (1), 
     the Chairman shall determine whether the certification should 
     be renewed for a subsequent 5-year period. 
       ``(B) Requirement.--If the Chairman determines that a 
     certification should be renewed under subparagraph (A), the 
     Chairman may renew the certification, subject to the 
     certification requirements under paragraph (2) that were 
     applicable to the initial certification.
       ``(4) New hires.--
       ``(A) In general.--An employee or other personnel that is a 
     member of a category of employees or other personnel that 
     would have been covered by a certification issued under 
     paragraph (1), but was hired during a period in which the 
     certification has expired and has not been renewed under 
     paragraph (3) shall not be eligible for compensation at the 
     level that would have applied to the employee or other 
     personnel if the certification had been in effect on the date 
     on which the employee or other personnel was hired.
       ``(B) Compensation of new hires on renewal.--On renewal of 
     a certification under paragraph (3), the Chairman may fix the 
     compensation of the employees or other personnel described in 
     subparagraph (A) at the level established for the category of 
     employees or other personnel in the certification.
       ``(5) Retention of level of fixed compensation.--A category 
     of employees or other personnel, the compensation of which 
     was fixed by the Chairman in accordance with paragraph (1), 
     may, at the discretion of the Chairman, have the level of 
     fixed compensation for the category of employees or other 
     personnel retained, regardless of whether a certification 
     described under that paragraph is in effect with respect to 
     the compensation of the category of employees or other 
     personnel.
       ``(6) Consultation required.--The Chairman shall consult 
     with the Director of the Office of Personnel Management in 
     implementing this subsection, including in the determination 
     of the amount of compensation with respect to each category 
     of employees or other personnel.
       ``(7) Experts and consultants.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Chairman may--
       ``(i) obtain the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code;
       ``(ii) compensate those experts and consultants for each 
     day (including travel time) at rates not in excess of the 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of that title; and
       ``(iii) pay to the experts and consultants serving away 
     from the homes or regular places of business of the experts 
     and consultants travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     that title for persons in Government service employed 
     intermittently.
       ``(B) Limitations.--The Chairman shall--
       ``(i) to the maximum extent practicable, limit the use of 
     experts and consultants pursuant to subparagraph (A); and
       ``(ii) ensure that the employment contract of each expert 
     and consultant employed pursuant to subparagraph (A) is 
     subject to renewal not less frequently than annually.''.
       (b) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter for 10 
     years, the Chairman of the Federal Energy Regulatory 
     Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Energy and Natural Resources of the Senate a report on 
     information relating to hiring, vacancies, and compensation 
     at the Federal Energy Regulatory Commission.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include--
       (A) an analysis of any trends with respect to hiring, 
     vacancies, and compensation at the Federal Energy Regulatory 
     Commission; and
       (B) a description of the efforts to retain and attract 
     employees or other personnel responsible for conducting work 
     of a scientific, technological, engineering, or mathematical 
     nature at the Federal Energy Regulatory Commission.
       (c) Applicability.--The amendment made by subsection (a) 
     shall apply beginning on the date that is 30 days after the 
     date of enactment of this Act.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
to include extraneous material on H.R. 1426.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1426, the Timely Review of 
Infrastructure Act. This bipartisan bill was introduced by 
Representatives Olson and Doyle. I would like to thank both of them for 
their hard work on this bill.
  H.R. 1426 ensures that the Federal Energy Regulatory Commission, or 
FERC, has the resources and personnel it needs to review and analyze 
energy infrastructure projects.
  H.R. 1426 addresses insufficient compensation of employees and other 
personnel by amending the Department of Energy Organization Act to 
grant the FERC Chairman additional authority to adjust compensation for 
a category of employees and other personnel without regard to certain 
civil service laws.
  The Commission must be able to hire and retain sufficiently 
experienced employees so that complex and highly technical 
environmental reviews are conducted in as rigorous a manner as 
possible. Better staffing by the best and brightest people means better 
environmental outcomes, better energy outcomes, and better outcomes for 
consumers.
  I appreciate my colleagues' hard work on this legislation.
  I particularly want to offer my best wishes to the sponsor of this 
bill, Representative Olson, who is retiring at the end of this 
Congress. I have always worked with him on a bipartisan basis and enjoy 
spending time with him because he has a real sense of humor.
  While we often disagree on policy, he has always been fair-minded and 
a man of his convictions. When he is with us, it is hard to imagine a 
better partner.
  That is particularly true regarding the work we have been doing with 
Chairman Tonko and many others from both parties on legislation to 
phase out the use of hydrofluorocarbons. He and his staff have been 
true leaders in pushing forward that legislation, which, if we can get 
it done, will be a major win for our manufacturers, our economy, and 
our environment.
  I thank the gentleman for his service to our committee and to our 
country. I wish you all the best in the next chapter of your life, 
Pete, absolutely.
  I thank my colleagues for their efforts and urge passage of the bill. 
I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1426, the Timely Review of 
Infrastructure Act. This legislation was introduced by my colleagues on 
the Energy and Commerce Committee, Representative Pete Olson and 
Representative  Mike Doyle, to help the Federal Energy Regulatory 
Commission recruit and retain highly specialized personnel in the STEM 
fields.
  This legislation went through regular order, and it passed by vote 
voice in the committee. The Federal Energy Regulatory Commission, 
otherwise known as FERC, is an independent agency. Mr. Speaker, it 
regulates the interstate transmission of electricity, natural gas, and 
oil.
  FERC's responsibilities also include reviewing and approving the 
siting of large-scale infrastructure projects such as LNG export 
terminals, electric transmission lines, interstate pipelines, and all 
the associated environmental and safety requirements.
  While FERC receives annual appropriations from Congress, FERC 
recovers 100 percent of its appropriations through the collection of 
annual charges and filing fees. This unique structure, where the 
industry essentially covers FERC's costs, has resulted in a lean and 
efficient agency, and it helps keep costs down for consumers.
  In testimony before the Energy and Commerce Committee, FERC explained 
that it faces a growing challenge to recruit and retain a highly 
skilled workforce to keep up with the demands of

[[Page H7073]]

our rapidly growing energy infrastructure.
  FERC has especially had difficulty hiring engineers throughout the 
agency, with many candidates citing compensation rates as, frankly, the 
main issue.
  H.R. 1426 would improve FERC's workforce by granting the Chairman 
authority to adjust compensation for a certain category of STEM 
workers. This fix would help FERC carry out its mission in a timely, 
efficient, and effective manner without any additional cost to our 
taxpayers.
  I want to thank Mr. Olson and Mr. Doyle for working together in a 
bipartisan way, and I urge my colleagues to join me in supporting the 
legislation. I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers on this side, 
so I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, before I yield to the author of the bill, 
the gentleman from Texas, I can tell you, Texas has few stronger 
advocates, if any, than Mr. Olson. And Texas 22, his congressional 
district, has had an incredibly effective voice in the United States 
Congress.
  He, like I, will be leaving at the end of this session, but he has 
left his mark on all kinds of positive policy improvements in the 
Federal Government.
  Now, I don't know about you, Mr. Speaker, but there probably aren't 
many of us who could cite our friend's district by number, but somehow 
Mr. Olson, when you look at him, you know it is Texas 22, and you know 
about the Houston Astros. Now why, I don't know. But that is a subject 
for another day.
  What I do know is, he has been an able and effective legislator on 
the Energy and Commerce Committee in this House. He has served his 
country in many capacities, including in the military. He will be 
missed in this assembly, but his work will go on. His work today is 
noticed, once again, in a bipartisan way.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas (Mr. Olson), although I do have another speaker.
  Mr. OLSON. Mr. Speaker, I thank the chairman--my ranking member, my 
inspiration, Chairman   Greg Walden--for his kind words and the time to 
speak about H.R. 1426, the Timely Review of Infrastructure Act.
  'Tis the season of giving. This bipartisan bill gives three gifts to 
America and to the world.
  The first gift: We ensure that the American taxpayer gets the maximum 
value spent for the taxpayer dollars.
  The second gift: This grows America's economy with high-paying, high-
technology jobs.
  And number three: This addresses climate change by encouraging energy 
transportation through the safest, cleanest medium possible, pipelines 
above ships, trains, and trucks.
  H.R. 1426 is a commonsense bill. This is not new. It is modeled after 
Wall Street. When the market was booming in the 2000s, the private 
sector poached staff employees from the SEC. They threw dollar after 
dollar after dollar at these experts and got them to leave the public 
sector for the private sector. That meant that oversight was not the 
highest quality it had been before, and those reviews were longer and 
longer and longer.
  The same thing is happening right now in the current explosion of 
American energy. The agency is called FERC, as Mr. Walden mentioned, 
the Federal Energy Regulatory Commission. The private-sector big guys, 
the Big Oil guys, have told me point-blank that they poach on FERC to 
get the best employees they possibly can get. They wave money at them 
that FERC does not have to compete.
  When the SEC had their problems in the 2000s, we allowed them to 
temporarily raise the Federal employment cap to keep these SEC experts 
on the job in the SEC.
  H.R. 1426 does that same thing, a proven remedy for FERC: 1 year, 
higher salaries, and then a review.
  Every Member in this House, Democrat or Republican, should vote for 
this bill because it is not just bipartisan. It is bipartisan on 
steroids.
  The lead Democrat, my good friend,  Mike Doyle, is from Pittsburgh, 
Pennsylvania. In the NFL, that is Steelers country. I am from the 
suburbs of Houston. That was Houston Oilers country. Oilers fans have 
had a clash, a strong clash, with Steelers fans for over 40 years. And 
Pittsburgh fans have never apologized for a horrific, blown call that 
may have cost my Oilers a chance to go to their first Super Bowl. That 
still hurts today.
  My point is, if Mike and I can put that difference aside and pass 
this bill, everyone in this entire body should come together and pass 
this bill. We all should vote for H.R. 1426.
  I have to close by speaking about our leader, my idol,   Greg Walden. 
Like me, Greg is retiring after this year. Like me, Greg is not dying. 
He is just retiring.
  Let me give you a few examples of Greg's guidance of this committee 
when he was the chairman. He empowered every Member--Democrat, 
Republican, from any State--to have an amendment, to have their voices 
heard on the committee.
  The best example is, I recall a bill that sunset, sunrise, sunset--
our bill to repeal and replace the Affordable Care Act. That markup 
went on for 27 hours because   Greg Walden made sure every Member could 
have their amendment with a vote in that committee before it came to 
the House floor.
  Let me give you another great example of   Greg Walden building a 
team that always wins, that is always united. I am from Texas, a 
Republican. When I first got here, we had 25 Members. At most times, we 
were together, but sometimes we split.
    Greg Walden has led the entire Oregon delegation GOP the whole time 
I have been here, and they have never, ever, ever had one defection 
with   Greg Walden's leadership.
  I will close with another Houston Oilers' quote from a great coach, 
Bum Phillips.
  If Bum came down from Heaven right now and was talking about   Greg 
Walden's record and career here in the House throughout our history, he 
would say:   Greg Walden may not be in a class by himself, but whatever 
class you are in, my friend, it doesn't take long to call the roll.

                              {time}  1345

  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume to 
thank my dear friend and colleague, Mr. Olson, who we all know, it 
turns out, is from Texas 22; and his wife, Nancy. I wish them the very 
best in their lives ahead.
  Mr. Speaker, since he is talking about a little history, I want to 
talk about a little history, too, before I turn to my friend from 
Georgia to speak on this bill, and that is that something really, 
really, really important happened not too far from my home State of 
Oregon.
  In Fort Lewis, Washington, on this date 58 years ago, this gentleman 
from Texas 22 arrived on this planet. Today is his birthday, and I hope 
the House will join me in acknowledging Mr. Olson's birthday. He was 
born in the great State of Washington, as it turns out, but he is Texas 
through and through. So happy birthday to Mr. Olson.
  Mr. Speaker, I would turn now to the only pharmacist in the United 
States Congress, which has really been important in our legislative 
efforts on the Energy and Commerce Committee. He knows so much about 
how to take care of people when they are at the counter, how to make 
sure they get what they need, and what they face when they come there 
in terms of costs of medicines and everything else.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Georgia (Mr. Carter), who is a terrific member of the committee.
  Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for 
yielding.
  Mr. Speaker, I rise today in support of H.R. 1426, the Timely Review 
of Infrastructure Act. Simply put, this is a commonsense bill to 
address how employees are commended for their work at the Federal 
Energy Regulatory Commission, or FERC.
  It is well known that there is a backlog of work at FERC due to a 
shortage of qualified personnel to handle the requirements. When energy 
developers need to submit applications for approval at FERC, they are 
often delayed due to a lack of available personnel to review the 
project.
  The United States has finally reached a level of energy independence 
that we could never have dreamed of during the OPEC oil embargo. 
However, that development is often subject

[[Page H7074]]

to the timeliness and availability of approvals at FERC. This bill will 
ensure that the retention and recruiting of people at FERC will remain 
highly competitive, bringing in the people they need to do the job.
  One area of serious concern was the number of pending LNG 
applications waiting at FERC. Thankfully, we have a bipartisan bill 
that can turn things around.
  I thank my good friend from Texas 22, Pete Olson, who is, 
unfortunately, leaving this body after years of distinguished service. 
But this is a good way to reflect on all of his great work. We will 
miss my friend from Texas, and I do wish him well.
  Also, I thank my colleagues on the Energy and Commerce Committee for 
their work on this important legislation.
  Mr. Speaker, I urge all of my colleagues to support this legislation.
  Mr. PALLONE. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. WALDEN. Mr. Speaker, I don't believe I have any other speakers on 
my side of the aisle on this measure. I urge its passage, and I yield 
back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I urge support for the legislation, and I 
yield back the balance of my time.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I am pleased that 
today the House will consider the Timely Review of Infrastructure Act 
introduced by Representative Pete Olson of Texas and myself. I would 
like to thank Mr. Olson for his leadership and partnership on this bill 
and commend him and his staff on their tireless efforts to get it 
across the finish line.
  The United States has always been a global leader when it comes to 
energy development and that is just a true today as it has ever been. 
However, in order to maintain and grow our energy sector, we need to 
ensure that we are building the necessary energy infrastructure to do 
so. Investing in our domestic infrastructure is more important than 
ever as we look to get through the current health crisis and rebuild 
our economy.
  Indeed, just as we passed the Water Resources Development Act 
yesterday, today we have an opportunity to pass a bill that, while 
smaller in scale, will help hasten the buildout of critical energy 
infrastructure such as hydroelectric dams, pipelines, transmission 
equipment, and energy terminals. This will not only help the economy 
recover but will ensure that we have a secure and strong domestic 
energy system.
  Unfortunately, too many energy infrastructure projects are delayed or 
do not have as vigorous a review as you would expect. And that is due 
to the fact that the Federal Energy Regulatory Commission, which is 
responsible for reviewing proposed projects cannot hire or retain 
enough qualified engineers for the simple reason that salaries in the 
private sector are too high for FERC to compete with given its current 
pay scale limits. This lack of engineers not only doesn't allow FERC to 
fully and robustly do its work, but it is a barrier to communities 
benefiting from the good paying jobs the construction of these projects 
provides.
  If we want FERC to ensure that the projects that come up for review, 
now and in the future, are stringently but quickly reviewed, then we 
must make the pay for the engineers who review the applications more 
competitive. That is exactly what the Timely Review of Infrastructure 
Act would do, by allowing FERC to offer higher salaries for these high 
demand engineering positions, ensuring that critical infrastructure 
projects can get the review and approval they need to move forward.
  The bill has bipartisan and bicameral support and FERC Chairman 
Chatterjee has stated his support for this legislation saying that it 
would enhance the Commission's ability to recruit and compensate the 
skilled staff needed to lessen the backlog of projects awaiting review 
and to review future projects in a more timely manner.
  Our bill would not only help get rid of the backlog of projects 
currently awaiting review, but would allow FERC to have the proper 
staff in place as we build out a sustainable energy system. I view it 
as an important piece of getting our economy back on track and ensuring 
that America remains the leader in energy production and innovation 
that it has been.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 1426.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________